Commercial MTA IPB-KAO_(IPB revised)
Material Transfer Agreement (MTA)
Concerning the Joint Research Activities for Commercial Purposes between
Bogor Agricultural University (IPB), INDONESIA and Kao Corporation, JAPAN (Kao)
Bogor Agricultural University (IPB), for the purposes of this agreement acting on behalf
of the Republic of Indonesia,
Institution
Address
: Bogor Agricultural University/Institut Pertanian Bogor
: Kampus IPB Dramaga, Jalan Raya Dramaga, Bogor
16680, Jawa Barat, Indonesia
Provider Department and Scientist : Biopharmaca Research Center and
Batubara
Dr. Irmanida
(hereinafter referred to as “Provider“),
and the Recipient
Institution
Address
: Kao Corporation
: 2606 Akabane, Ichikai-machi, Haga, Tochigi 321-3497,
Japan
Recipient Department and Scientist : Biological Science Research and Takehiro Tsutsumi
(hereinafter referred to as “Recipient“)
The Parties wish to define the modalities of transfer and use of Material as part of the Joint
collaborative research ( “ Research”) and in compliance with the provisions of the J oi n t
C ol l ab or at i v e Agreement concerning “Evaluation of effective functions based on extracts
derived from Indonesian plants (“Extracts”); Appendix 1 till 4 form an integral part of this MTA.
In response to the Recipient’s request for the above-identified Material from the Provider, the
Recipient agrees to the following terms in consideration of receipt of the Material.
1.
Materials embraced by this agreement are exclusively extracts of biological materials as
mutually agreed in the non-commercial MTA dated on 9th of March, 2015 (“Non-commercial
MTA”), which were already transferred by Provider to the Recipient.
The Material will be used for: commercial research purposes to develop prospective
products agreed by both Parties on beauty and health care agent. Use of the materials for any
other purposes shall be agreed by Parties in separate agreement.
To the extent necessary, the Material will be provided with accompanying know-how or
data by the Provider.
2.
For the avoidance of doubt, the Provider retains ownership of the above-referenced
Material as described in Appendix 2, as well as ownership of Modifications generated by
the Recipient to the extent the above identified Material is contained and/or incorporated
therein, and ownership of progeny, i.e. unmodified descendant from the Material
transferred, as well as ownership of unmodified derivatives, i.e. substances created by
the Recipient, and genetic information obtained through the use of the transferred Material
Page 1 of 10
which constitute an unmodified functional subunit or product expressed by the
transferred Material.
3.
The Recipient will use the Material solely for commercial research purposes as listed in
Appendix 2 a n d 3 at the Recipient’s premises and under the direction and direct
supervision of the Recipient Scientist. The Research with the Material will be conducted
within the Recipient’s collaborative research with the Provider.
4.
The Recipient is obliged to inform the Provider about feedback details obtained by the
Recipient, in writing by use of Appendix 4 as part of the monitoring procedure as to
the use of the transferred Material:
a) In case of any changes of the Material identified by the Recipient in the course of its
use without undue delay.
b) In case of any other feedback (data collected, results) within sixt y (60) days upon
completion of the research
For the avoidance of doubt, the Recipient acknowledges that the on-going and/or
subsequent transfer of Material by the Provider is dependent upon the Recipient’s
compliance with the aforementioned obligation of this clause. In case of feedback
concerning presentation of the results in conferences or publications, Article 15 shall
apply.
5.
Provider and Recipient agree that all inventions, ideas, data, know-how, negative know-how,
concepts, developments, designs, discoveries, improvements or innovations (collectively,
“Invention(s)”) and its derivatives arising during the course of performing the Research shall
be joint property of Provider and Recipient.
6.
According to the Convention on Biological Diversity and the Nagoya Protocol, the Parties
agreed to mention the country of origin of the Material used, their derivatives, and genetic
information obtained.
7.
Benefit sharing from commercialization of the products using transferred material shall be
arranged and mutually agreed in a separate agreement by the time the product is launched. If
there are Genetic Resources and Traditional knowledge related to Genetic Resources (“GR”
and “TKGR”) used for commercial purposes, the local community through the Provider are
entitled to benefit sharing arising from using GR and TKGR.
8.
If applicable: The Recipient agrees to actively involve the following researcher from
IPB in the analysis of the Material as well as preparation and/or drafting of publications
concerning the transferred Material (Name, institution and contact details):
9.
Prof Dr Ir Latifah K Darusman
Dr Irmanida Batubara, SSi., MSi
Drs Edy Djauhari, MSi
Rudi Heryanto, SSi., MSi
The Recipient may not transfer the Material to any other Party whether affiliated or not with
the Recipient’s without information to and permission in writing of the
Provider. The Recipient shall refer any request for the Material to the Provider. The
Provider reserves the right to make the Material available to others, if scientific purposes
are intended.
Page 2 of 10
10.
Any Intellectual Property resulting from the Research shall be jointly owned by Parties.
Neither Party shall independently file any patent application covering the inventions or
publish any scientific article without the prior written consent of the other Party.
11.
If both Parties decide to file an application for or otherwise be eligible to patent or obtain any
other industrial property right with respect to patentable Inventions based on the Inventions,
both Parties agree to file the patent application jointly. In this case, the patent applicant for
join application shall be in the name of Parties. Researchers who contributed to the Invention
shall be named as inventors of the Invention.
12.
It is understood that no right to any license of the Material is given or implied by this
Agreement. The Parties’ names will be used for no endorsements.
13.
The Material is experimental in nature and it is provided without any warranties, express
or implied, including any warranty of merchantability or fitness for a particular purpose.
To the extent permitted by law, liability shall be restricted to willful intent and gross
negligence; to the extent permitted by law, liability for consequential damages shall be
explicitly excluded.
14.
It is explicitly stated that it shall be at the sole discretion of the Provider how to proceed
with the Material as referred to in clause 1 after completion of the Recipient’s study on said
Material. The Recipient has to inform the Provider about the completion of the
studies with the Material without undue delay.
The Parties agree that within ten working days after being informed about the completion
of the studies, the Provider shall state in writing the measures to be taken by the
Recipient.
If applicable, the Recipient shall make available any reference material and documentation
of all species determined (i.e. having ascribed Linnean species names) to LIPI Biology
Research Centre Cibinong as the national reference collection for Biodiversity in
Indonesia. If new species will be described holotypes of these species will be deposited at
LIPI Biology Research Centre in Cibinong.
15.
The Recipient fully acknowledges the obligation to foster scientific knowledge by
publications. Recipient and Provider agree that the results obtained in the conduct of the
Research shall in principle, as stated in the Joint Collaborative Agreement, be published in
joint publications, however in compliance with the rules of good scientific practice, i.e.
with authorship according to the scientific input to the publication.
In case the conduct of the Research with a view to the rules of good scientific practice
does not give rise to a joint publication, the Recipient shall make available to the Provider
the results obtained in the conduct of this MTA in a final report. The Recipient
acknowledges that the Provider, in compliance with Intellectual Property/ Copyright rules
applicable, may make available the final report to the libraries of universities
( I P B ) and to LIPI Biology Research Centre Cibinong as the national reference
collection for Biodiversity in Indonesia. For the avoidance of doubt, the Parties
agree that the Recipient shall at least submit a digital pdf-copy of the said final
report to the Provider and Recipient hereby agrees that the Provider may
disseminate the said final report as required according to this clause and in
accordance with applicable
Intellectual Property / Copyright Rules.
Page 3 of 10
For the avoidance of doubt, and in case the results obtained under this MTA could give
rise to industrial intellectual property rights, the Parties agree to treat such results
confidential for the time necessary to enable the Parties to take the appropriate steps with
undue delay, however in compliance with Article 13 of this MTA.
16.
This MTA shall be governed by the laws of Indonesia. If dispute cannot be settled by
amicable settlement within ninety (90) days after the start of such discussion, dispute shall be
resolved at court Bogor state (Pengadilan Negeri Bogor).
17.
The Parties agree that the Non-commercial MTA shall be terminated on entering into this
MTA.
For the Provider:
For the Recipient:
Name
: Prof. Dr. Anas M. Fauzi
Name
: Tadashi Hase
Position
: Vice Rector for Research and
Collaboration, IPB
Position
: Vice President-R&D-Core
Technology - Biological Science
Research
Date
:
Date
:
Signature :
Signature :
Providing Scientist:
Receiving Scientist:
Name
: Dr. Irmanida Batubara
Name
: Takehiro Tsutsumi
Date
:
Date
:
Signature :
Signature :
Page 4 of 10
APPENDIX 1: Instructions for recipients
1. Please fill in the form clearly. Especially name and address are important to receive
Research Materials. Principal investigator’s address should be the place where researchers are
working but not technical license offices are located. If researcher’s address and affiliation
have been changed, please stress the change.
2. Any shipping costs are in responsibility of the recipient. Any payment for the Research
Materials will be independent of whether or not the material is available without
restriction.
3. Always only Principal Investigator (PI) / persons with permanent work contract /
persons in legal responsibility of the research institution are eligible to sign the MTA.
Technical assistants, students, postdoctoral researchers, research associates should not sign.
“Authorized Representative” can be left empty if “Principal Investigator” is the same as
“Authorized Representative”.
4. “Title” of the Principal Investigator should be the “institutional title”, for example, like
“Professor”, “Team leader”, “project leader”, “Supervisor”, and so on, but should not be
“PhD” or “student” or “scientist”.
5. Forms sent by FAX will be NOT accepted, because print-outs are often unclear. To
send forms more quickly, clearly scanned (min 150 dpi) and saved as a PDF file can be
sent by an attachment of e-mail of the counterpart.
6. “Purpose” of the Research Materials need to be described; recipient needs to describe the
details of the used of the Research Materials (appendix 3).
7. Please ensure that you provide for feedbacks as laid down in Article 4 of the MTA. If not,
you may not be able to receive/bring/send the Research Materials for next time even if
the MTA is correctly filled, unless you contribute to the research community at The
Consortium by the feedback of the Research Materials.
8. It is necessary to monitor the whereabouts of the samples, record and communicate any
moves.
Page 5 of 10
APPENDIX 2: Details statement of the purposes
I hereby state that the materials are only required for:
the commercial research purposes as agreed by the Parties (see APPENDIX 3)
Page 6 of 10
APPENDIX 3 : Details of transferred materials
No
Code
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
IPB 1A
IPB 1B
IPB 1C
IPB 1D
IPB 2A
IPB 2B
IPB 2C
IPB 2D
IPB 3A
IPB 3B
IPB 3C
IPB 3D
IPB 4A
IPB 4B
IPB 4C
IPB 4D
IPB 5A
IPB 5B
IPB 5C
IPB 5D
IPB 6A
22
IPB 6B
23
IPB 6C
24
IPB 6D
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
IPB 7A
IPB 7B
IPB 7C
IPB 7D
IPB 8A
IPB 8B
IPB 8C
IPB 8D
IPB 9A
IPB 9B
IPB 9C
IPB 9D
IPB 10A
IPB 10B
IPB 10C
IPB 10D
IPB 11A
IPB 11B
Scientific name
Zingiber purpureum
Zingiber purpureum
Zingiber purpureum
Zingiber purpureum
Murraya paniculata
Murraya paniculata
Murraya paniculata
Murraya paniculata
Syzygium Polyanthum
Syzygium Polyanthum
Syzygium Polyanthum
Syzygium Polyanthum
Justicia gendarussa
Justicia gendarussa
Justicia gendarussa
Justicia gendarussa
Guazuma ulmifolia
Guazuma ulmifolia
Guazuma ulmifolia
Guazuma ulmifolia
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Eleutherine americana
Eleutherine americana
Eleutherine americana
Eleutherine americana
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Curcuma alba
Curcuma alba
Curcuma alba
Curcuma alba
Piper albae
Piper albae
Piper albae
Piper albae
Zingiber zerumbet
Zingiber zerumbet
Part of
plant
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Solvent for
extraction
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Leaves
Ethanol 50%
5
Leaves
Ethanol 95%
5
Leaves
n-hexane
5
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
rhizome
rhizome
rhizome
rhizome
Fruit
Fruit
Fruit
Fruit
rhizome
rhizome
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 7 of 10
No
Code
Scientific name
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
IPB 11C
IPB 11D
IPB 12A
IPB 12B
IPB 12C
IPB 12D
IPB 13A
IPB 13B
IPB 13C
IPB 13D
IPB 14A
IPB 14B
IPB 14C
IPB 14D
IPB 15A
IPB 15B
IPB 15C
IPB 15D
IPB 16A
IPB 16B
IPB 16C
IPB 16D
IPB 17A
IPB 17B
IPB 17C
IPB 17D
IPB 18A
IPB 18B
IPB 18C
IPB 18D
IPB 19A
IPB 19B
IPB 19C
IPB 19D
IPB 20A
IPB 20B
IPB 20C
IPB 20D
IPB 21A
IPB 21B
IPB 21C
IPB 21D
IPB 22A
IPB 22B
IPB 22C
IPB 22D
IPB 23A
IPB 23B
Zingiber zerumbet
Zingiber zerumbet
Zingiber officinale
Zingiber officinale
Zingiber officinale
Zingiber officinale
Merremia mammosa
Merremia mammosa
Merremia mammosa
Merremia mammosa
Graptophyllum pictum
Graptophyllum pictum
Graptophyllum pictum
Graptophyllum pictum
Coleus Atropurpureus
Coleus Atropurpureus
Coleus Atropurpureus
Coleus Atropurpureus
Parameria laevigata
Parameria laevigata
Parameria laevigata
Parameria laevigata
Gynura Procumbens
Gynura Procumbens
Gynura Procumbens
Gynura Procumbens
Nasturtium montanum
Nasturtium montanum
Nasturtium montanum
Nasturtium montanum
Blumea balsamifera
Blumea balsamifera
Blumea balsamifera
Blumea balsamifera
Nyctanthes arbortristis
Nyctanthes arbortristis
Nyctanthes arbortristis
Nyctanthes arbortristis
Curcuma mangga
Curcuma mangga
Curcuma mangga
Curcuma mangga
Averrhoa bilimbi
Averrhoa bilimbi
Averrhoa bilimbi
Averrhoa bilimbi
Pimpinella puruatjana
Pimpinella puruatjana
Part of
plant
rhizome
rhizome
rhizome
rhizome
rhizome
rhizome
Tuber
Tuber
Tuber
Tuber
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Stem
Stem
Stem
Stem
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Flower
Flower
Flower
Flower
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
Herbs
Herbs
Solvent for
extraction
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 8 of 10
No
Code
Scientific name
91
92
93
94
95
96
97
98
99
100
101
IPB 23C
IPB 23D
IPB 24A
IPB 24B
IPB 24C
IPB 24D
IPB 25A
IPB 25B
IPB 25C
IPB 25D
Nuric
Pimpinella puruatjana
Pimpinella puruatjana
Averrhoa carambola
Averrhoa carambola
Averrhoa carambola
Averrhoa carambola
Persea gratissima
Persea gratissima
Persea gratissima
Persea gratissima
102 Philary
103 Biolangsing
104 Biovigra
105 Sambiloto
106 Pegagan
107 Jati Belanda
108 Temu putih
109 Beras Kencur
110 Alora Instan
111 Java tea drink
112 Cajuput
candy
Part of
plant
Herbs
Herbs
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Solvent for
extraction
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
Biofarindo
Product of PT
Biofarindo
Biopharmaca
prototype
product
Biopharmaca
prototype
product
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
2 box (@ 5
sachets)
1 box (@ 10
sachets)
5 pieces
5 pieces
Note: Details of commercial purposed as agreed by the Parties
Page 9 of 10
APPENDIX 4 : The list of feedback of materials used, based on recipient feedback.
No. Feedback details*
Remarks
1
Data repository
On line (http://www.___); access code
2
Business plan (tentative titles, source of data,
authorships)
Targeted ingredients or products
*) e.g. data/result obtained, publication, conferences etc.
Page 10 of 10
Concerning the Joint Research Activities for Commercial Purposes between
Bogor Agricultural University (IPB), INDONESIA and Kao Corporation, JAPAN (Kao)
Bogor Agricultural University (IPB), for the purposes of this agreement acting on behalf
of the Republic of Indonesia,
Institution
Address
: Bogor Agricultural University/Institut Pertanian Bogor
: Kampus IPB Dramaga, Jalan Raya Dramaga, Bogor
16680, Jawa Barat, Indonesia
Provider Department and Scientist : Biopharmaca Research Center and
Batubara
Dr. Irmanida
(hereinafter referred to as “Provider“),
and the Recipient
Institution
Address
: Kao Corporation
: 2606 Akabane, Ichikai-machi, Haga, Tochigi 321-3497,
Japan
Recipient Department and Scientist : Biological Science Research and Takehiro Tsutsumi
(hereinafter referred to as “Recipient“)
The Parties wish to define the modalities of transfer and use of Material as part of the Joint
collaborative research ( “ Research”) and in compliance with the provisions of the J oi n t
C ol l ab or at i v e Agreement concerning “Evaluation of effective functions based on extracts
derived from Indonesian plants (“Extracts”); Appendix 1 till 4 form an integral part of this MTA.
In response to the Recipient’s request for the above-identified Material from the Provider, the
Recipient agrees to the following terms in consideration of receipt of the Material.
1.
Materials embraced by this agreement are exclusively extracts of biological materials as
mutually agreed in the non-commercial MTA dated on 9th of March, 2015 (“Non-commercial
MTA”), which were already transferred by Provider to the Recipient.
The Material will be used for: commercial research purposes to develop prospective
products agreed by both Parties on beauty and health care agent. Use of the materials for any
other purposes shall be agreed by Parties in separate agreement.
To the extent necessary, the Material will be provided with accompanying know-how or
data by the Provider.
2.
For the avoidance of doubt, the Provider retains ownership of the above-referenced
Material as described in Appendix 2, as well as ownership of Modifications generated by
the Recipient to the extent the above identified Material is contained and/or incorporated
therein, and ownership of progeny, i.e. unmodified descendant from the Material
transferred, as well as ownership of unmodified derivatives, i.e. substances created by
the Recipient, and genetic information obtained through the use of the transferred Material
Page 1 of 10
which constitute an unmodified functional subunit or product expressed by the
transferred Material.
3.
The Recipient will use the Material solely for commercial research purposes as listed in
Appendix 2 a n d 3 at the Recipient’s premises and under the direction and direct
supervision of the Recipient Scientist. The Research with the Material will be conducted
within the Recipient’s collaborative research with the Provider.
4.
The Recipient is obliged to inform the Provider about feedback details obtained by the
Recipient, in writing by use of Appendix 4 as part of the monitoring procedure as to
the use of the transferred Material:
a) In case of any changes of the Material identified by the Recipient in the course of its
use without undue delay.
b) In case of any other feedback (data collected, results) within sixt y (60) days upon
completion of the research
For the avoidance of doubt, the Recipient acknowledges that the on-going and/or
subsequent transfer of Material by the Provider is dependent upon the Recipient’s
compliance with the aforementioned obligation of this clause. In case of feedback
concerning presentation of the results in conferences or publications, Article 15 shall
apply.
5.
Provider and Recipient agree that all inventions, ideas, data, know-how, negative know-how,
concepts, developments, designs, discoveries, improvements or innovations (collectively,
“Invention(s)”) and its derivatives arising during the course of performing the Research shall
be joint property of Provider and Recipient.
6.
According to the Convention on Biological Diversity and the Nagoya Protocol, the Parties
agreed to mention the country of origin of the Material used, their derivatives, and genetic
information obtained.
7.
Benefit sharing from commercialization of the products using transferred material shall be
arranged and mutually agreed in a separate agreement by the time the product is launched. If
there are Genetic Resources and Traditional knowledge related to Genetic Resources (“GR”
and “TKGR”) used for commercial purposes, the local community through the Provider are
entitled to benefit sharing arising from using GR and TKGR.
8.
If applicable: The Recipient agrees to actively involve the following researcher from
IPB in the analysis of the Material as well as preparation and/or drafting of publications
concerning the transferred Material (Name, institution and contact details):
9.
Prof Dr Ir Latifah K Darusman
Dr Irmanida Batubara, SSi., MSi
Drs Edy Djauhari, MSi
Rudi Heryanto, SSi., MSi
The Recipient may not transfer the Material to any other Party whether affiliated or not with
the Recipient’s without information to and permission in writing of the
Provider. The Recipient shall refer any request for the Material to the Provider. The
Provider reserves the right to make the Material available to others, if scientific purposes
are intended.
Page 2 of 10
10.
Any Intellectual Property resulting from the Research shall be jointly owned by Parties.
Neither Party shall independently file any patent application covering the inventions or
publish any scientific article without the prior written consent of the other Party.
11.
If both Parties decide to file an application for or otherwise be eligible to patent or obtain any
other industrial property right with respect to patentable Inventions based on the Inventions,
both Parties agree to file the patent application jointly. In this case, the patent applicant for
join application shall be in the name of Parties. Researchers who contributed to the Invention
shall be named as inventors of the Invention.
12.
It is understood that no right to any license of the Material is given or implied by this
Agreement. The Parties’ names will be used for no endorsements.
13.
The Material is experimental in nature and it is provided without any warranties, express
or implied, including any warranty of merchantability or fitness for a particular purpose.
To the extent permitted by law, liability shall be restricted to willful intent and gross
negligence; to the extent permitted by law, liability for consequential damages shall be
explicitly excluded.
14.
It is explicitly stated that it shall be at the sole discretion of the Provider how to proceed
with the Material as referred to in clause 1 after completion of the Recipient’s study on said
Material. The Recipient has to inform the Provider about the completion of the
studies with the Material without undue delay.
The Parties agree that within ten working days after being informed about the completion
of the studies, the Provider shall state in writing the measures to be taken by the
Recipient.
If applicable, the Recipient shall make available any reference material and documentation
of all species determined (i.e. having ascribed Linnean species names) to LIPI Biology
Research Centre Cibinong as the national reference collection for Biodiversity in
Indonesia. If new species will be described holotypes of these species will be deposited at
LIPI Biology Research Centre in Cibinong.
15.
The Recipient fully acknowledges the obligation to foster scientific knowledge by
publications. Recipient and Provider agree that the results obtained in the conduct of the
Research shall in principle, as stated in the Joint Collaborative Agreement, be published in
joint publications, however in compliance with the rules of good scientific practice, i.e.
with authorship according to the scientific input to the publication.
In case the conduct of the Research with a view to the rules of good scientific practice
does not give rise to a joint publication, the Recipient shall make available to the Provider
the results obtained in the conduct of this MTA in a final report. The Recipient
acknowledges that the Provider, in compliance with Intellectual Property/ Copyright rules
applicable, may make available the final report to the libraries of universities
( I P B ) and to LIPI Biology Research Centre Cibinong as the national reference
collection for Biodiversity in Indonesia. For the avoidance of doubt, the Parties
agree that the Recipient shall at least submit a digital pdf-copy of the said final
report to the Provider and Recipient hereby agrees that the Provider may
disseminate the said final report as required according to this clause and in
accordance with applicable
Intellectual Property / Copyright Rules.
Page 3 of 10
For the avoidance of doubt, and in case the results obtained under this MTA could give
rise to industrial intellectual property rights, the Parties agree to treat such results
confidential for the time necessary to enable the Parties to take the appropriate steps with
undue delay, however in compliance with Article 13 of this MTA.
16.
This MTA shall be governed by the laws of Indonesia. If dispute cannot be settled by
amicable settlement within ninety (90) days after the start of such discussion, dispute shall be
resolved at court Bogor state (Pengadilan Negeri Bogor).
17.
The Parties agree that the Non-commercial MTA shall be terminated on entering into this
MTA.
For the Provider:
For the Recipient:
Name
: Prof. Dr. Anas M. Fauzi
Name
: Tadashi Hase
Position
: Vice Rector for Research and
Collaboration, IPB
Position
: Vice President-R&D-Core
Technology - Biological Science
Research
Date
:
Date
:
Signature :
Signature :
Providing Scientist:
Receiving Scientist:
Name
: Dr. Irmanida Batubara
Name
: Takehiro Tsutsumi
Date
:
Date
:
Signature :
Signature :
Page 4 of 10
APPENDIX 1: Instructions for recipients
1. Please fill in the form clearly. Especially name and address are important to receive
Research Materials. Principal investigator’s address should be the place where researchers are
working but not technical license offices are located. If researcher’s address and affiliation
have been changed, please stress the change.
2. Any shipping costs are in responsibility of the recipient. Any payment for the Research
Materials will be independent of whether or not the material is available without
restriction.
3. Always only Principal Investigator (PI) / persons with permanent work contract /
persons in legal responsibility of the research institution are eligible to sign the MTA.
Technical assistants, students, postdoctoral researchers, research associates should not sign.
“Authorized Representative” can be left empty if “Principal Investigator” is the same as
“Authorized Representative”.
4. “Title” of the Principal Investigator should be the “institutional title”, for example, like
“Professor”, “Team leader”, “project leader”, “Supervisor”, and so on, but should not be
“PhD” or “student” or “scientist”.
5. Forms sent by FAX will be NOT accepted, because print-outs are often unclear. To
send forms more quickly, clearly scanned (min 150 dpi) and saved as a PDF file can be
sent by an attachment of e-mail of the counterpart.
6. “Purpose” of the Research Materials need to be described; recipient needs to describe the
details of the used of the Research Materials (appendix 3).
7. Please ensure that you provide for feedbacks as laid down in Article 4 of the MTA. If not,
you may not be able to receive/bring/send the Research Materials for next time even if
the MTA is correctly filled, unless you contribute to the research community at The
Consortium by the feedback of the Research Materials.
8. It is necessary to monitor the whereabouts of the samples, record and communicate any
moves.
Page 5 of 10
APPENDIX 2: Details statement of the purposes
I hereby state that the materials are only required for:
the commercial research purposes as agreed by the Parties (see APPENDIX 3)
Page 6 of 10
APPENDIX 3 : Details of transferred materials
No
Code
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
IPB 1A
IPB 1B
IPB 1C
IPB 1D
IPB 2A
IPB 2B
IPB 2C
IPB 2D
IPB 3A
IPB 3B
IPB 3C
IPB 3D
IPB 4A
IPB 4B
IPB 4C
IPB 4D
IPB 5A
IPB 5B
IPB 5C
IPB 5D
IPB 6A
22
IPB 6B
23
IPB 6C
24
IPB 6D
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
IPB 7A
IPB 7B
IPB 7C
IPB 7D
IPB 8A
IPB 8B
IPB 8C
IPB 8D
IPB 9A
IPB 9B
IPB 9C
IPB 9D
IPB 10A
IPB 10B
IPB 10C
IPB 10D
IPB 11A
IPB 11B
Scientific name
Zingiber purpureum
Zingiber purpureum
Zingiber purpureum
Zingiber purpureum
Murraya paniculata
Murraya paniculata
Murraya paniculata
Murraya paniculata
Syzygium Polyanthum
Syzygium Polyanthum
Syzygium Polyanthum
Syzygium Polyanthum
Justicia gendarussa
Justicia gendarussa
Justicia gendarussa
Justicia gendarussa
Guazuma ulmifolia
Guazuma ulmifolia
Guazuma ulmifolia
Guazuma ulmifolia
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Drymoglossum
piloselloides
Eleutherine americana
Eleutherine americana
Eleutherine americana
Eleutherine americana
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Stachytarpheta mutabilis
Curcuma alba
Curcuma alba
Curcuma alba
Curcuma alba
Piper albae
Piper albae
Piper albae
Piper albae
Zingiber zerumbet
Zingiber zerumbet
Part of
plant
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Solvent for
extraction
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Leaves
Ethanol 50%
5
Leaves
Ethanol 95%
5
Leaves
n-hexane
5
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
rhizome
rhizome
rhizome
rhizome
Fruit
Fruit
Fruit
Fruit
rhizome
rhizome
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 7 of 10
No
Code
Scientific name
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
IPB 11C
IPB 11D
IPB 12A
IPB 12B
IPB 12C
IPB 12D
IPB 13A
IPB 13B
IPB 13C
IPB 13D
IPB 14A
IPB 14B
IPB 14C
IPB 14D
IPB 15A
IPB 15B
IPB 15C
IPB 15D
IPB 16A
IPB 16B
IPB 16C
IPB 16D
IPB 17A
IPB 17B
IPB 17C
IPB 17D
IPB 18A
IPB 18B
IPB 18C
IPB 18D
IPB 19A
IPB 19B
IPB 19C
IPB 19D
IPB 20A
IPB 20B
IPB 20C
IPB 20D
IPB 21A
IPB 21B
IPB 21C
IPB 21D
IPB 22A
IPB 22B
IPB 22C
IPB 22D
IPB 23A
IPB 23B
Zingiber zerumbet
Zingiber zerumbet
Zingiber officinale
Zingiber officinale
Zingiber officinale
Zingiber officinale
Merremia mammosa
Merremia mammosa
Merremia mammosa
Merremia mammosa
Graptophyllum pictum
Graptophyllum pictum
Graptophyllum pictum
Graptophyllum pictum
Coleus Atropurpureus
Coleus Atropurpureus
Coleus Atropurpureus
Coleus Atropurpureus
Parameria laevigata
Parameria laevigata
Parameria laevigata
Parameria laevigata
Gynura Procumbens
Gynura Procumbens
Gynura Procumbens
Gynura Procumbens
Nasturtium montanum
Nasturtium montanum
Nasturtium montanum
Nasturtium montanum
Blumea balsamifera
Blumea balsamifera
Blumea balsamifera
Blumea balsamifera
Nyctanthes arbortristis
Nyctanthes arbortristis
Nyctanthes arbortristis
Nyctanthes arbortristis
Curcuma mangga
Curcuma mangga
Curcuma mangga
Curcuma mangga
Averrhoa bilimbi
Averrhoa bilimbi
Averrhoa bilimbi
Averrhoa bilimbi
Pimpinella puruatjana
Pimpinella puruatjana
Part of
plant
rhizome
rhizome
rhizome
rhizome
rhizome
rhizome
Tuber
Tuber
Tuber
Tuber
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Stem
Stem
Stem
Stem
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Flower
Flower
Flower
Flower
rhizome
rhizome
rhizome
rhizome
Leaves
Leaves
Leaves
Leaves
Herbs
Herbs
Solvent for
extraction
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
5
Page 8 of 10
No
Code
Scientific name
91
92
93
94
95
96
97
98
99
100
101
IPB 23C
IPB 23D
IPB 24A
IPB 24B
IPB 24C
IPB 24D
IPB 25A
IPB 25B
IPB 25C
IPB 25D
Nuric
Pimpinella puruatjana
Pimpinella puruatjana
Averrhoa carambola
Averrhoa carambola
Averrhoa carambola
Averrhoa carambola
Persea gratissima
Persea gratissima
Persea gratissima
Persea gratissima
102 Philary
103 Biolangsing
104 Biovigra
105 Sambiloto
106 Pegagan
107 Jati Belanda
108 Temu putih
109 Beras Kencur
110 Alora Instan
111 Java tea drink
112 Cajuput
candy
Part of
plant
Herbs
Herbs
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Leaves
Solvent for
extraction
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Water
Ethanol 50%
Ethanol 95%
n-hexane
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
biofarindo
Product of PT
Biofarindo
Product of PT
Biofarindo
Biopharmaca
prototype
product
Biopharmaca
prototype
product
Estimated
amount (g)
5
5
5
5
5
5
5
5
5
5
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (30
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
1 bottle (60
capsule)
2 box (@ 5
sachets)
1 box (@ 10
sachets)
5 pieces
5 pieces
Note: Details of commercial purposed as agreed by the Parties
Page 9 of 10
APPENDIX 4 : The list of feedback of materials used, based on recipient feedback.
No. Feedback details*
Remarks
1
Data repository
On line (http://www.___); access code
2
Business plan (tentative titles, source of data,
authorships)
Targeted ingredients or products
*) e.g. data/result obtained, publication, conferences etc.
Page 10 of 10